Disposed

Md. Azimuddin v. The State of Bihar

Patna HC14 Jan 2020CWJC/721/2020

Case brief

AI extract

What is this about?

The High Court of Patna disposed of a writ petition challenging the quashing of a land compensation award under the 2013 Act. The court directed the Land Acquisition Authority to expeditiously dispose of the petitioner's objection under Section 21 within three months following due process under Section 23.

What did the court decide?

Direction to the Authority to dispose of the petitioner's objection under Section 21 of the 2013 Act expeditiously within three months.

Md. Azimuddin Vs The State of Bihar — Land Acquisition | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.721 of 2020

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Md. Azimuddin, male, aged about 64 years, son of Md. Ibrihim, resident of village- Bansbari, P.O. & P.S.- Thakurganj, District- Kishanganj, Pin Code855116 (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Revenue & Land Reforms Department, Government of Bihar, Patna.

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The Principal Secretary, Revenue & Land Reforms Department, Government of Bihar, Patna.

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The Collector -Cum- District Land Acquisition Officer, Kishanganj, DistrictKishanganj (Bihar).

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Raju Giri, Advocate Mr. Santosh Kumar Gupta, Advocate For the Respondent/s : Mr. Majid Mahboob Khan, AC to AAG 12 ======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date : 14-01-2020

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Heard learned counsel for the petitioner and learned AC

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to AAG 12 for the State.

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The petitioner has moved the Court for the following

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reliefs:

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“I. To issue an appropriate writ/order /direction, in the nature of Certiorari quashing the Memo No. 299 dated 04.02.2019 issued by the Collectorcum-Land Acquisition Officer, Kishanganj by which it has been informed to the petitioner that the Award of the land of the Petitioner acquired for construction of Araria-Galgalia New B. G. Rail Line has been ascertained as Rs. 2, 55,502/- (Rupees Two Lacs Fifty Five Thousand Five Hundred Two only) and has been requested to receive the amount after producing

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Patna High Court CWJC No.721 of 2020 dt.14-01-2020 2/3

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appropriate papers of the land in question (as contained in Annexure-4).

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II. To issue an appropriate writ/order/direction, holding the Award of the compensation amount of Rs. 2, 55,502/- under Section 23 & 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “2013 Act”) as illegal, null and void as the same has been prepared against the Principle of Natural Justice and without disposing of the objection, which was mandatorily required under Section 23 of the 2013 Act.

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III. To issue an appropriate writ/order/direction, directing the Respondents to dispose of the objection of the Petitioner filed under Section 21 of the 2013 Act in the manner as laid down under Section 23 of the 2013 Act.

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IV. To any other relief or reliefs for which the Petitioner is found to be entitled in the facts and circumstances of the case.”

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Learned counsel for the State submitted that along with the petitioner all similar matters have been referred to the Land Acquisition Rehabilitation and Resettlement Authority, Purnea (hereinafter referred to as the ‘Authority’), on 18.11.2019.

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Learned counsel for the petitioner submitted that the Authority may be directed to dispose off the matter within a fixed time period.

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Having regard to the aforesaid, the writ petition stands disposed off with a direction to the Authority to dispose off the matter, as far as it relates to the petitioner, expeditiously and latest within three months from the date of production of a copy of this

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Patna High Court CWJC No.721 of 2020 dt.14-01-2020 3/3

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order, in accordance with law, after giving opportunity of hearing to all concerned, including the petitioner.

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(Ahsanuddin Amanullah, J)

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J. Alam/-

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AFR/NAFR U

Md. Azimuddin v. The State of Bihar

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Md. Azimuddin v. The State of Bihar

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